The Supreme Court of Liberia has issued a writ of summons to the Minister of Finance and Development Planning, Augustine Kpehe Ngafuan, and the House of Representatives Comptroller, Emmanuel Kopi, in response to a petition filed by seven lawmakers.
The summons, issued by Chambers Justice Ceanneh Clinton Johnson, directs Ngafuan and Kopi to appear and file their returns on or before March 10, 2025, explaining why the writ of mandamus should not be granted.
The seven lawmakers--Marvin Cole, Frank Saah Foko, Alex Noah, Edward Papie Flomo, Abu Kamara, Eugene Kollie, and Zinnah Norman--filed the petition through their legal counsel, Cllr. Jonathan Massaquoi, seeking to compel the government to pay their salaries and benefits, which have allegedly been withheld for four months.
The writ of summons, dated February 27, 2025, mandates the respondents to respond to the petition at the Supreme Court, stating:
"YOU ARE HEREBY COMMANDED to notify the Ministry of Finance and Development Planning, represented by Honorable Augustine Kpehe Ngafuan, and Mr. Emmanuel Kopi, Comptroller of the 55th Legislature, and all those under their control, also of the City of Monrovia, Montserrado County, Republic of Liberia. YOU ARE FURTHER COMMANDED to instruct the RESPONDENTS herein to file their RETURNS to this Writ in the Office of the Clerk of this Honorable Court on or before the 10th day of March, A.D. 2025."
Lawmakers' Petition
The lawmakers argue that as duly elected members of the 55th Legislature, they are entitled to full compensation as appropriated in the national budget. They contend that their salaries and benefits have been unlawfully withheld since October 2024, in violation of their constitutional rights and Liberia's public service laws.
The petition cites Article 66 of the 1986 Constitution, granting the Supreme Court the authority to issue remedial writs, including mandamus, against officials who fail to perform their statutory duties.
Count Two of the petition asserts that the lawmakers were elected on October 10, 2023, sworn into office on January 15, 2024, and are legally entitled to their salaries. Count Five further alleges that the withholding of salaries is being orchestrated by the self-styled "Majority Bloc," which has ordered the Ministry of Finance and the House Comptroller to block payments.
The petitioners insist that the withholding of salaries is unconstitutional and violates Liberia's financial management regulations. They emphasize that the Supreme Court has already ruled that actions taken by the Majority Bloc, including the withholding of salaries, are unlawful.
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Legal Basis
The petitioners argue that the Ministry of Finance and the House Comptroller have a statutory obligation to process and disburse salaries approved in the national budget. They contend that the government's failure to pay them constitutes a breach of contractual obligations as outlined in Article 25 of the Constitution, which prohibits impairing contractual agreements. They also cite Article 20(a), which guarantees due process, asserting that the denial of their salaries without lawful justification is a violation of their rights.
Relief Sought
The lawmakers are seeking a peremptory writ of mandamus to compel the Finance Minister and the House Comptroller to process and disburse their salaries. They also request that the Supreme Court stay all proceedings in the case until a full hearing on their petition is conducted.
The Supreme Court's ruling on the matter is expected to set a precedent on whether government officials can lawfully withhold salaries of elected lawmakers over political disputes.
The legal battle is expected to test the independence of Liberia's judiciary in ensuring adherence to constitutional provisions and financial regulations.
